C O N F I D E N T I A L SECTION 03 OF 04 BELGADE 000856

SIPDIS

SIPDIS

FOR U/S BURNS, A/S FRIED, DS DICARLO, SE WISNER AN SE
AHTISAARI FROM AMBASADOR POLT

E.O. 12958: DECL: 05/30/2016
TAGS: REL PGOV KDEM UNMIK YI SR
SUBJECT: KOSOVO: ELGRADE PRESENTS NEGOTIATING PLATFORM


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BELGRADE 05300856 003 OF 004


Nations, on the other. The signatories to the Agreement are
at the same time its guarantors.
(2) The obligations of the UN under the Agreement. In
addition to its role as a guarantor of the Agreement, the
United Nations would have specific duties and
responsibilities, primarily in the security sector. The UN
would maintain its military presence, and to some extent also
its police presence in the province. The military presence of
the UN presupposes the complete internal demilitarization of
Kosovo and Metohija. The UN police would have a general
supervisory role with respect to internal security.
(3) Other features of the General Agreement. After the
General Agreement is signed, the Security Council of the UN
would adopt a new Resolution on Kosovo and Metohija. This
Resolution would replace Resolution 1244 and confirm the
status affirmed in the Agreement. Annual reports to the UN
Security Council on status implementation would be
instituted, with the possibility of modifying the modalities
of the UN military and police presence (the number of
soldiers and policemen, their rules of engagement, etc.)

The Future Status of Kosovo and Metohija: Constitutional
Framework
General Solution. The General Agreement contains both general
principles and concrete provisions that need to be enshrined
in the Constitution of the Republic of Serbia and the new
Constitution of Kosovo and Metohija. The new constitution of
the province would thus be based on the General Agreement,
reaffirming the obligations it contains, particularly those
concerning the rights of the Serbian and other non-Albanian
communities, including decentralization and other relevant
institutional guarantees.
Substantial Autonomy. The Constitution of the Republic of
Serbia would contain the following provisions defining the
substantial autonomy of Kosovo and Metohija:
(a) Division of Competencies
- The province would exercise all competencies except those
reserved for Serbia or the State Union of Serbia and
Montenegro.
- The following competencies are reserved for either Serbia
or the State Union, depending on the constitutional division
of competencies between them: foreign policy, control of
borders, monetary policy, customs policy, special customs
inspections and control, final legal recourse in the
protection of human rights, and the protection of Serbian
religious and cultural heritage.
- Kosovo and Metohija would have full financial autonomy in
the sense that the province would conduct its own public
finances (taxation, public revenues and expenditures,
including investment). The province could accordingly receive
loans from international financial institutions and secure
foreign direct investment.
- Certain forms of cooperation between Serbia and Kosovo and
Metohija relating to the free movement of people, goods,
capital and services would be constitutionally specified.
Additional forms of cooperation would be established in
sectors such as banking, the harmonization of fiscal policy,
infrastructure, communications, etc. Such cooperation would
contribute substantially to economic development and the
process of European integration.
- Given the proposed division of competencies, the effective
functioning of either the central or the provincial
government does not require Kosovo and Metohija to be
politically represented in the representative bodies of
Serbia and the State Union (endnote 4).
- In the field of competencies reserved for Serbia or the
State Union of Serbia and Montenegro, the Kosovo and Metohija
authorities would have the right to give recommendations to
the relevant institutions of central government.

(b) Institutions of Kosovo and Metohija

- The constitutional powers of Kosovo and Metohija would be
exercised through legislative, executive and judicial
institutions.
The Kosovo and Metohija parliament would be directly elected.
A certain number of seats in the parliament would be reserved
for the representatives of Serbs and other non-Albanian
communities. When the parliament is considering matters that
are of vital interest to the Serb community, including
provincial legislation, no decision would be considered valid
unless a majority of Serb representatives votes in its


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